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Laura A. Athens
Mediating Pro Se Prisoner Civil Rights Cases: Mediator Strategy
Earlene R. Baggett-Hayes It is often said that effective mediators can mediate cases ranging from day-care center disputes to foreign affairs conflicts. Somewhere within that continuum of cases are conflicts brought by prisoners against prisons and other related...
Facilitating positive change in the workplace
Laura A. Athens Facilitation can be an invaluable tool to promote a positive work environment and prevent escalation of employment disputes.In contrast to mediation, which focuses on disputes that have reached an impasse or resulted in filing of a formal...
Who Is Bound to An Agreement to Arbitrate?
By William D. Gilbride Jr. In some circumstances, non-signatories to agreements mandating arbitration can be compelled to have their complaints decided in arbitration. This article describes five situations in which a non-signatory to the arbitration agreement may...
Arbitration Advocacy
Martin Weisman Arbitrations are meant to be cost efficient, quick and more informal than courtroom litigation. However, many litigators seem to forget that. Arbitration pre-hearing conference orders often include phrases such as “the rules of evidence will be...
Functus Officio
By William D. Gilbride Jr. One area of the law that has recently received some noteworthy attention is the arbitration doctrine of functus officio. The doctrine of functus officio provides that an arbitrator’s duties are generally discharged upon the rendering of a...
Overcoming Reluctance to Engage in Mediation
Laura A. Athens Many attorneys know and appreciate the benefits of mediation. Those who are familiar with the benefits of mediation readily propose and eagerly participate in it. However, if you encounter resistance, how can you address it. You do what any good...